You are trying to seal your criminal record in Frisco, and you’ve most likely heard of expungement and non-disclosure. They both offer confidentiality, but they operate in incredibly different manners. A Frisco non disclosure attorney can help you make the decision. Let’s go over how these legal tools differ and which might be applicable to your situation.
What Is Expungement?
Expungement wipes your criminal record like nothing ever happened. Police, employers, and landlords can’t see the arrest or charge if it’s issued. Expungement only applies if your case was dismissed, you were acquitted, or you qualify under Texas’ wrongful conviction statutes. For example, expungement wipes the slate clean if charges were dismissed after a case of mistaken identity.
What Is a Non-Disclosure Order?
A non-disclosure order (NDO) seals your criminal record from the public but does not remove it. Government offices, police, and some employers (like schools or hospitals) can still see it. Non-disclosure is for when you completed deferred adjudication probation or waited out some waiting periods. It’s a middle ground—your record exists but is not easily accessed.
Key Differences in Eligibility
Expungement has more restrictive qualification standards. You can’t expunge a conviction (except for pardons or dismissed cases). Non-disclosure is an option if you were convicted but received deferred adjudication. For example, if you pled to theft, were put on probation, and stayed out of trouble, you could seal the record with an NDO. Violent crimes, sex offenses, and DWI convictions usually exclude you from both options.
How Each Impacts Background Checks
After being expunged, your record is no longer accessible on most background checks. You can legally state that you were never arrested. With non-disclosure, private employers and the general public cannot see your record, but government agencies, licensing boards, or law enforcement can still access it. Always disclose sealed records when applying for some federal or state jobs.
The Application Process for Expungement
To wipe a record, you file with the court where your case was adjudicated. You must qualify based on documents like dismissal orders or acquittal papers. The district attorney may protest, and it could require a court hearing. If approved, all agencies will be required to destroy information related to your case. It takes 3–6 months in Frisco.
The Non-Disclosure Process in Texas
For non-disclosure, you apply once you have completed all the sentencing conditions (probation, payment of fines, etc.) and have held out for 2–5 years (this varies with the offense). You are not subject to arrest for new offenses while waiting. The judge considers your behavior and the severity of offense prior to granting the order. Once sealed, your record stays private unless there are exceptions.
Which Offers More Privacy?
Expungement provides more privacy since the record is obliterated. Non-disclosure leaves a “shadow record” that is accessible to certain groups. However, non-disclosure could be the only option for convicted offenders. An attorney helps you weigh what alternative gives your case the greatest protection.
Can You Get Both Expungement and Non-Disclosure?
No. You don’t need to use non-disclosure if you are expungement eligible—expungement is always better. Non-disclosure is all you have if you’re only eligible for that. Your record is analyzed by a lawyer to determine what’s available to you.
Why do Mistakes Matter?
One missed deadline or lost form can destroy your application. For example, applying for non-disclosure prematurely (before the waiting period expires) leads to automatic rejection. Attorneys prevent these errors by managing paperwork, tracking deadlines, and presenting your case persuasively in court.
Federal Crimes Make It More Complicated
Non-disclosure and expungement apply to state crimes only in Texas. Federal convictions (e.g., drug trafficking, fraud) are not eligible for expunging or sealing under state law. A Frisco federal defense attorney handles federal matters, considering the possibility of a pardon or a reduction in sentence instead. Always ensure to know whether your charge is state or federal before looking for relief.
Jobs Impacted by Each Choice
Expungement permits you to seek employment without the need to disclose arrests. Non-disclosure keeps information from employers who are discreet, though not for government positions. As an example, a sealed charge of theft will not appear on a retail job background check but could be a problem when you fill out a police officer application. Your attorney should inform you what sealed records do in your line of work in each case.
Expungement and non-disclosure give you a fresh start, but only if done correctly. Start by sitting down with an attorney to go over your record. They will inform you of which one is best for your goals, your budget, and your timeline. With the right strategy, you can minimize the impact of mistakes from the past and move forward with confidence.
